Information regarding non charging of toll on incomplete highways – FAA gave a cryptic one line reply without providing the complete information - CIC: when a number of specific issues have been raised in the RTI application, each needs to be addressed
The appellant had sought information regarding non charging of toll on incomplete highways.
Relevant Facts emerging during Hearing:
The Appellant did not appear despite written notice and informed on phone when queried on his absence, that he will not appear personally. Respondent stated that as per the computerised Action History of RTI request, the RTI request was received by Under Secretary (Toll) from the CPIO of Ministry of Road, Transport and Highways online on 17.6.2013 and a reply was sent on 24.6.2013 stating that the desired information was not available at that stage. In response to the Appellant’s appeal on 10.9.2013, the Appellate Authority replied on October 3, 2013 that as on date there was no proposal made by MORTH regarding non-charging of toll on incomplete highways. When queried by the Commission that the information sought was more specific on issues like - whether there was a proposal to do away ‘with provisional completion’ clause where developers were allowed to charge toll after 75% completion of the highways or on highways being expanded from 4 lane to 6 lanes where developers will be able to charge just 80% till work gets over – the Respondent admitted that this information would have to be collected from various divisions.
The RTI application filed with the Ministry of Road, Transport and Highways was transferred to US (Toll) U/S 5(4), who submitted his computerized ‘‘action history statement of RTI applications’’ to the Commission and stated that the reply was sent to the Appellant on 24.6.2013. However, there was no hard copy submitted as a proof and the Appellant himself in his 2nd appeal to the Commission on 9.11.2013 has clearly indicated that no reply has been received by him. The First Appellate Authority responded on 3.10.2013 again with a cryptic one line reply without providing the complete information. When a number of specific issues have been raised in the RTI application for seeking information, each of these issues need to be addressed by the Respondent in the RTI reply. The respondent is hereby directed to provide the complete information desired by the Appellant in his RTI application dated 12.6.2013 within 14 days from the receipt of this order under intimation to the Commission. The appeal is disposed of accordingly.
Citation: Shri Aseem Takyar v. Ministry of Road Transport & Highways in File No. CIC/SS/A/2013/002965-YA